THE
CONSTITUTION
ARTICLE
1: TITLE OF THE CONSTITUTION
The name of the CBO shall be Tuconnect CBO.
ARTICLE 2: PURPOSE OF THE CBO
1.
The
Organization shall be a non-political, independent, non-profit making
organization.
2.
The CBO will
mobilize community members towards youth empowerment, fighting early pregnancy
and marriages, and very high HIV infection rate within the community.
3.
Community
members will be sensitized on the need to channel their energy on areas that
will ensure soberness, physical and mental fitness and are geared towards
personal development.
4.
The CBO
will play the role of educating the community, especially youths, on how to
lead physically and mentally healthy and productive life.
5.
The CBO
will help the community fight things like drug abuse, uncontrolled alcohol
consumption, gender-based violence and the like that affect mental health and
community development.
ARTICLE 3: ADDRESS OF THE CBO
The CBO physical address
is P.O.BOX 34 00217 Limuru and the mobile number
is 0700200200.
ARTICLE 4: GOALS OF THE CBO
1)
To help
the community overcome ills of poverty, gender violence, early marriages, HIV
infection, alcohol, drugs and substance abuse.
2)
To
participate in enhancing the community skills and capacity.
3)
To help
the community in empowerment and developments projects.
4)
To act as
link of collaboration and coordination between community, organizations and
Government Departments.
5) To
develop and maintain friendly relationship within Limuru
town Communities.
ARTICLE 5: SPECIFIC OBJECTIVES
The objectives of the CBO are:
1)
To educate the community, especially the youth
in areas of alcohol, drugs and substance abuse, early marriages, HIV infection and
provide the needed support for those affected or already struggling in these
areas.
2)
To educate the community on the importance
of mental awareness and fitness.
3)
To help the youth realize the need for
financial discipline through empowerment programs and awareness drives for the
youths in the community.
4)
Empowering
boys and girls in order to overcome early marriage temptations.
5)
Distributing
dignity and hygiene kits to school-going girls and boys, including essential
items and educational materials on reproductive health.
6)
Encourage
activities like environmental awareness that contribute to mental wellness among
the community members through targeted educational programs and campaigns.
7)
Collaborating
with governmental bodies, non-profit organizations, and other stakeholders to
achieve sound mental wellness of our community.
8)
Organize
events and competitions that contribute to a sober community.
ARTICLE 6: VALUES OF THE CBO
1. COMMITTED to
youths, women, men, children, vulnerable persons and development through
support of an active community.
2.
MINDFUL of the fact that it is desirable to address the specific
needs and constraints of the community members through targeted support.
3.
RESPECTFUL of GOD, the natural environment that is our heritage and
source of livelihood, and, determined to sustain it for the benefit of
intergenerational utilization through implementation of sound policies and
strategies gained by way of development sourcing.
ARTICLE 7: CBO ACTIVITIES
The CBO will be engages in the following activities;
1.
Community
Empowerment
2.
Skills
development
3.
Youth
empowerment
4.
Environment
Conservation
ARTICLE 8: MEMBERSHIP
The membership of the group shall be:
ü The organization is open to individuals who
are 18
years old and members of the host Limuru town community.
ü To become a member, an individual must be
willing to actively contribute towards achieving the CBO's objectives and
possess good character.
ü Membership requires the payment of a non-refundable
registration fee of Ksh300/= for
students and ksh500/= for non-student.
ü Any member may be expelled from membership if
the governing committee recommends so but which recommendation shall be
ratified by two-thirds [⅔] of the members present at a general meeting.
ü A member who resigns or is expelled from the
organization for whatever reason ceases to be a member.
ü A member who resigns will be refunded all
his/her shares minus all expenses incurred by the organization.
ü Should a member miss to attend four
consecutive meetings without proper explanation, he/she shall be suspended or
stand expelled.
ü Should a member fail to remit his/her
contribution for three instalments he/she will be suspended.
The organization may suspend a member who:
·
Willfully
fails or refuses to comply with the organization's constitution.
·
Willfully
defaults on contributions and payments
Restoration of membership;
1. Membership of a member may be restored after
payment of dues and approval by the governing committee.
2. In certain
cases, the governing committee
may if it is satisfied to restore its membership after assurance by the member
that he/she shall not work against the interest of the organization.
Members shall have the following rights:
- Elect and be
elected to the organs of the Organization, subject to the CBO's
Constitution.
- Enjoy the use
of all facilities and services provided by the Organization, in accordance
with this constitution.
- Receive
periodic or regular statements of account concerning their transactions
with the Organization, or upon request.
- Access all
legitimate information relating to the Organization, including internal
regulations, minutes, accounts, inventories, and investigation reports.
- Vote on all
matters put before a general meeting of the Organization.
- Enjoy all
other rights prescribed by the rules of the Organization.
Members shall:
- Observe and
comply with the organization's constitution and decisions taken by the
organs of the organization in accordance with this constitution.
- Fulfill their
payment obligations, including contributions and any other payments as
provided by this constitution.
- Support
projects carried out by the organization that are approved by the relevant
authority.
A member of the organization shall cease to
be one on any of the following grounds:
·
Voluntary withdrawal – He/she gives a three-month notice in writing
to the governing committee of his intention to resign from membership upon the
acknowledgement of the notice, he/she shall cease to be a member.
·
A member
with no outstanding liabilities or obligations in respect of other member funds
or loans (debts) may withdraw membership at any time, provided they give a
notice period of sixty days.
·
If a
member wishes to withdraw but has pending liabilities in the form of a debt
owed to the organization, their share of funds in the organization shall be
used to settle the debt before any refunds are issued.
·
Expulsion for disgraceful conduct detrimental to the well-being of the organization.
Provided that a member shall be required to show cause why he/she should not be
expelled prior to being so expelled with consent of governing committee.
·
Upon death, demise, incapacitation or
dissolution of any
member organization that renders such a member to being unable to be a member
or otherwise not being able to execute his/her/its duties as a member.
Note: Withdrawal, expulsion or termination of membership shall not exonerate
a member from existing personal or membership liability.
ARTICLE 9: OFFICE BEARERS
The organization shall be governed
by a committee elected according
to the provisions of this
constitution.
The governing
committee shall consist
of 5 persons covering the following posts;
·
The Chairperson
·
The Vice Chairperson
·
The Secretary
·
The Vice
Secretary
·
The Treasurer
Duties of the governing
committee;
ü Shall uphold the constitution.
ü Shall represent the organization in all matters
and execute the policy and decision of the Organization.
ü Shall invite, nominate,
accept, suspend, dismiss
or restore the membership of the person(s) according to the provisions of membership in the constitution.
ü Shall approve progress
reports.
ü Shall nominate any member(s) to fill the vacancy left by any office bearers.
ü Shall approve reports, audited accounts and
present them to the Organization for approval.
ü It shall fix
the date, time and place for holding
general meetings as and when due.
ü Shall maintain
a register of members and up-date
it.
ü Shall make rules which shall be used to
address and effect the organization’s policies.
ü All the office bearers shall hold office for
a period one year from the date of election.
ü One qualifies for election if he/she has
fully paid up all the entitled funds by the organization and also if he/she is
committed to the welfare of the organization.
ü Any office bearer may be removed from the office
by suspension during the general meeting.
ü Any office bearer may also cease to be such
official by resigning or upon death or involve in political position that may
polarize the merits and downplay the set objectives of the organization.
·
Shall,
unless prevented by removal from office or illness or other sufficient cause
convene and preside over all the meetings of the committee and all general
meetings.
·
He/she
shall exercise full control and ensure good order and conduct of the
organization members.
·
He shall
by virtue of his/her office make correspondence for and on behalf of the
organization where circumstances so demand, for the purpose of furthering the
aims and objectives of the institution.
·
Shall
discharge the responsibilities of the Chairperson in the absence of the
Chairperson or as delegated by the Chairperson.
·
He/she
shall deal with the correspondence of all manners to and/or from and/or within
the organization.
·
He/she
shall prepare and circulate to all members the notices of meeting agenda and
minutes of the organization before such meetings take place.
·
He/she
shall take minutes of all meetings called by the organization at all levels.
·
He/she
shall be the sole custodian of all the organizations records with the general
guidance of the governing committee members.
·
Shall
discharge the responsibilities of the Secretary in the absence of the Secretary
or as delegated by the Chairperson or the Secretary.
·
Shall be
the sole recipient and in charge of good custody of all organizations money or
funds and shall ensure that such monies are appropriately accounted for and
records showing the same is reflected in the counter financial analysis
register both bank/cash.
·
Shall be
responsible for the preparation of all transactions involving the organizations
and any development partner with whom the organization shall be involved.
·
He/she
shall ensure proper accounting for any expenditure done and undertake to
produce such records as and when required.
·
He/she
shall carry out her/his duties without interference from either within or
without.
ARTICLE 10: TENURE OF OFFICE BEARERS
ü The office bearers shall hold office for 1
years from the date of their election, but officials shall be eligible for re-election
for a period of another one year.
ü No office bearer should hold office for more
than two years.
ü An office bearer, who ceases to be a member
of the CBO, automatically ceases to be an office bearer thereof.
ü If an office bearer fails to attend two (2)
consecutive meeting without sending an apology, he/she shall be required to
explain the circumstances of his/her absence in writing within a week of
his/her last meeting absence.
ARTICLE 11: CBO FINANCES
ü Members shall pay registration fees and
monthly subscription fees.
ü Contributions;
· Nonrefundable
registration fee of Ksh300/= for students and ksh500/= for non-student paid once.
·
Members
shall contribute
a monthly fee of Ksh100/=.
ü The Committee may revise the fees from time
to time provided such adjustments do not bar or seem to restrict membership.
ü The Organization may from time request for
donations, grants and ex-gratia contributions from the partners or donors,
members or non-members or from any other sources in order to enhance and
strengthen the organizations financial and material base.
ü Any member may, at any time, give ex-gratia
payments to the organization over and above the fees and annual subscription.
ü The organization may also raise funds through
any other lawful way it shall deem fit.
ü Any surplus resulting
from the organization’s operations.
ü All organization funds
shall be kept in the organization’s bank account.
ARTICLE 12: UTILISATION OF CBO FUNDS
·
All the
monies and funds collected on behalf of the organization shall be received by
and paid to the treasurer and shall be deposited in the organization Bank A/C
approved by the members.
·
The
organization shall open current Bank Account.
·
No
withdrawals shall be made out of the Bank Account without a resolution by the
governing committee authorizing such withdrawal.
·
The
account to be operated by either two or three of the office bearers and will be
signatories to the Bank account.
ARTICLE 13: CBO ASSETS
ü All CBO assets belong to the members and not
specific individual.
ü No assets of the CBO should be used by any
member without group consent.
ü In case of group dissolution, the assets will
be disposed by the group. The proceeds will be used to offset the group
liabilities and the remaining balances will be shared by the members according
to member’s contribution.
The CBO shall keep up-to-date books as
necessary and in particular, shall keep the following books:
ü A register of members showing in respect of
each member:
·
The date
he/she was admitted to membership
·
Next of
kin and beneficiaries
·
The date
on which he/she ceased to be a member
ü Minutes files giving details of proceeding at
General Meetings and all other committee meetings. The files shall be separated
for each type of meetings as the secretary deems fits.
ü A cashbook showing details of all money
received and/or expended or paid out by the CBO.
ü A personal ledger for each member showing
his/her transactions with the CBO.
ü Such other books and records, as the governing
committee shall decide from time to time.
An
auditor shall be appointed at the Annual General Meeting. All the group
accounts, records and documents shall be open to the inspection of the auditor
at any time.
ü The
auditors shall present a full and accurate report of the group financial
position to the members during an Annual General Meeting.
ü The
auditor shall be paid such amounts for his/her duties as may be resolved by the
AGM appointing him/her.
ü No
auditor shall be an office bearer or a member of any committee of the group.
ü Voting
of the auditor shall be by simple show of hands. In-case of a tie, the
Chairperson shall have a casting vote.
ARTICLE 15: MEETINGS OF THE CBO
ü The members shall be having a
meeting in the quarterly bases.
ü If a member fails to attend two consecutive
meetings without apologies, he/she can be expelled from the organization unless due to special
cases which may be allowed by the
governing committee.
ü All scheduled meetings should start at a time
which shall be determined by the committee. Arrival after thirty minutes into the meeting attracts a
penalty of
Ksh200/=. Absence without valid reason will attract a penalty of Ksh500/=.
ü However, the committee shall have the power
to call a meeting at any time of the year should there be compelling reasons to do so.
ü Members to hold review and feedback meeting
every 3 month to get feedback from community and progress of the project.
ü All meetings shall be opened by word of
prayer.
ü The Secretary shall read the minutes of the
last meeting and then the Chairperson shall counter sign the minutes if the
members accept them.
ü The chairperson shall then declare the
meeting open.
ü The Chairperson may, at his discretion limit
the number of persons permitted to speak in favour or against a motion under
discussion.
ü The Chairperson shall have powers to postpone
the meeting if the members come late according to the scheduled time of
commencement.
ü The quorum to start the meeting shall not be
less than two-thirds [⅔] of the registered members.
ü There shall be four kinds of meetings; general
meeting, special general meeting, governing committee meetings and annual
general meeting.
ü The general meeting shall be held from time
to time as the Chairperson may deem fit.
ü Special general meeting may be required in
writing to the Secretary by one-third [1/3] of fully paid up members for an
urgent specific purpose.
ü The Governing committee meetings shall be
held after every one-month for specific purpose by the committee members with
the approval of the Chairperson as may be communicated by the secretary.
ü Annual general meeting shall be held annually
from the date of the elections. Notice in writing of such annual general
meetings accompanied by the statements of account and the agenda for the
meeting shall be sent to all members not less than twenty-one [21] days before
the date of the meeting.
ü The committee shall have meetings at the times which they themselves shall determine.
ü The committee must ensure that they meet at least once per month
and give a report of their
meetings in the quarterly meetings of the members.
ARTICLE 16: ELECTIONS
·
All
registered and fully paid up founder members are eligible voters and
contestants.
·
All
elections shall be conducted annually through secret ballot or by show of hands
at the general meeting or special general meeting.
·
All the
outgoing office bearers shall leave office immediately after the general
election unless re-elected.
·
All the
general elections shall be presided over by a returning officer who must be an
independent person.
·
The returning
officer shall announce the results of the election at the annual general
meeting.
ARTICLE 17: DISPUTE RESOLUTION
In case of any dispute in the CBO;
1)
A dispute
resolution committee will be formed that will consist of five member; that is,
group chairperson, secretary, treasurer and two members of the CBO who will be
elected in a special general meeting.
2)
The
dispute resolution committee will resolve the issue within one month.
3)
If the
issue is not resolved, a special general meeting will be called to vote in
order to resolve it.
ARTICLE 18: AMENDMENTS OF THE CBO
CONSTITUTION
ü Any member can institute
a claim for an amendment
of this constitution. Such claim shall be made through the governing committee or in an AGM or in a SGM.
ü After a claim for an amendment
has been deposited, the governing committee
shall deliberate on the claim and approve it.
ü After approval,
the governing committee shall call either an SGM or an AGM and all members shall discuss on the proposed amendment.
ü An amendment shall only be done if supported by more than two-thirds of the registered members.
ARTICLE 19: IDEMNITY
ü The CBO office leaders will not be held
reliable for any action done on behalf of the CBO in good faith; group liable
to third parties to pay compensation for activities of the group that cause
loss, damage or injury to the third parties.
ü Office bearers liable for loss, damage or
injury caused by acts done in contravention of community group constitution or
without authorization if authorization was required or withheld by members of
the group
ARTICLE 20: DISSOLUTION
ü The organization shall not be dissolved
except by a resolution passed at the annual general meeting of the members by a
vote of three quarters (¾) of the registered members.
ü Provided that no dissolution shall be
affected without proper permission in writing of the Sub County Social
Development Officer obtained upon application to him made in writing and signed
by three [3] members of the board.
ü When the dissolution is approved by the
County Director of Social services , no further action shall be taken by the
Committee or any office bearer of the organization in the name of the
organization in connection with the aims of the institutions other than to get
in and liquidate for cash or assets of the organization subject to the payment
of all debts of the organization, the balance thereof shall be distributed in
such a manner as may be resolved by the meeting at which then the resolution is
passed.
ARTICLE 21: COMMITMENT CLAUSE/DECLARATION
This document has been formulated and agreed upon by all members of Tuconnect Community Based Organization (CBO). It will be the authoritative guidance on the
running of the Organization affairs.
To get a full copy of this constitution in editable Microsoft Word format at ksh400/= WhatsApp us on 0712154328
